Evict?
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Evict? (by Evan [IN]) Apr 21, 2012 4:16 PM
       Evict? (by Virden [OH]) Apr 21, 2012 5:40 PM
       Evict? (by Reid [KS]) Apr 21, 2012 8:22 PM
       Evict? (by BRAD 20,000 [IN]) Apr 21, 2012 10:05 PM
       Evict? (by LL [AZ]) Apr 21, 2012 10:07 PM
       Evict? (by Kathy J [WI]) Apr 21, 2012 10:13 PM
       Evict? (by Evan [IN]) Apr 22, 2012 3:42 AM
       Evict? (by Evan [IN]) Apr 22, 2012 3:42 AM
       Evict? (by Jeff [CO]) Apr 22, 2012 7:59 AM
       Evict? (by Kathy [OH]) Apr 22, 2012 9:22 AM
       Evict? (by Larry [MN]) Apr 23, 2012 9:25 AM


Evict? (by Evan [IN]) Posted on: Apr 21, 2012 4:16 PM
Message:

Would appreciate some feedback. Tenant lost job, have been great up to now, and they say they will be out by May 11th. Have not paid April rent, got one month's security deposit. Would you evict next week or try to get some rent and have them move out by 11th? Given the hassles of eviction and the likelihood that they may trash the place with the eviction, I am inclined to not file for eviction now and have them move out while trying to salvage some rent. --100.42.xx.xx




Evict? (by Virden [OH]) Posted on: Apr 21, 2012 5:40 PM
Message:

Best to post the notice, a for rent sign and when they call offer them 50bux so you can get it rented quickly, this is an incentive to clean the place up and not damage anything, if you post the notice and they start screwing everything up then you know to file the eviction to keep them packing, they will then wait till the setout day and just rest up for the cleanup and repair, the talking you do with angry tenants escalates too fast and then someone steps on the hostile button. --68.76.xxx.xxx




Evict? (by Reid [KS]) Posted on: Apr 21, 2012 8:22 PM
Message:

As Virden said go ahead and give notice then if you have to proceed you can and if not no problem. --108.220.xxx.xx




Evict? (by BRAD 20,000 [IN]) Posted on: Apr 21, 2012 10:05 PM
Message:

Evan,

Stay in control. Stay on schedule.

Sorry they lost their job but the best thing you can do to help them right now is to stop their rent timeclock by helping them get out of the house. Letting them get deeper in debt does not help them in any way. The bigger the bill, the more YOU lose! My guess is you'll not see a penny.

Their ability to be a good tenant has changed and best for both parties to move on. Nothing personal. By human nature, we don't like to make tough changes until forced. YOU must apply the force or this will drag on with you losing more and more money.

"...salvage some rent" - there is nothing to salvage. They have no money and by promising to leave they have mentally written you off. They are not planning to salvage anything.

Deposit: is applied AFTER they move out, not now, and you'll need every penny of it for cleaning/repairs, let alone rent, etc, usually more than what they owe in rent.

So theoretically, at this point they have already gobbled up the entire deposit and are living off your wallet.

They are already 21 days late with April rent. There is nothing to believe they will pay anything nor actually be gone May 11 Deadbeat 101 training says "string the LL along with promises he'll swallow. Make promises that are just far enough into the future that he'll go away. When that date arrives, wait until he complains and make another promise he'll swallow."

Do not be intimidated by fear of retaliation. Don't expect any favors such as extra cleaning because you were extra nice, it doesn't work that way.

At this point, I get very proactive to make things happen MY way. Do this tomorrow:

1. Before I file, while they still think I are buying their promise, I get 4 Emergency Contacts from each adult with their signature stating "these are trusted person who may accept notices on my behalf". You will need these when hey leave without giving a forwarding address. The court requires you "serve" them written notice of hearings.

2. Have them sign a Promissory Note for the April and May rent, plus late fees and estimated cleaning/damages. The exact amount is not critical.

3. Have them sign agreeing to vacate by ___. If the will move out sooner, you can reduce their bill. "If you can be out this weekend I can drop May's rent."

4. Once you have some agreement, or have tried for agreement, file in court.

5. Do not delay filing in court. At the earliest, eviction is 30 days from filing. You might need a legal crowbar to get them out. These legal wheels grind painfully slowly so get them started now.

Email me and I'll send you my form for doing this. gmoffice@comcast.net

--50.129.xxx.xxx




Evict? (by LL [AZ]) Posted on: Apr 21, 2012 10:07 PM
Message:

In such a situation, where they have not paid, lost job and no prospect of a new one anytime soon, and they have said they will be moving. I would proceed with eviction.

Had it been me I would have started the clock on the 2nd not the 21st. By now I'd either have been paid, or we would be doing a lock out about now.

Be nice, if possible. Explain that their problems can't become your problems, so they need to move immediately, that you will help them with a motel room for a week and will help them move their stuff into storage - tomorrow.

If that doesn't work, file eviction and serve them and get started or they will never leave. Try to keep it nice. Tell them if they will pay your court costs and move out immediately you will drop the case. DO NOT put that in writing as you may need to file a judgement for damages or lost rent.

Be sympathetic but don't let their problems become your problem. --32.176.xx.xx




Evict? (by Kathy J [WI]) Posted on: Apr 21, 2012 10:13 PM
Message:

Sometimes a pay or quit notice is just what they need to get rent assistance so you may be doing both them and yourself a favor by starting the eviction. A lot of assistance programs won't help unless eviction is threatened. --63.81.x.xx




Evict? (by Evan [IN]) Posted on: Apr 22, 2012 3:42 AM
Message:

Thank you everyone for your inputs. Very helpful. --173.197.xxx.xxx




Evict? (by Evan [IN]) Posted on: Apr 22, 2012 3:42 AM
Message:

Thank you everyone for your inputs. Very helpful. --173.197.xxx.xxx




Evict? (by Jeff [CO]) Posted on: Apr 22, 2012 7:59 AM
Message:

Kinda late in the month to be dealing with this now. I have a feeling that you're going to lose some money here.

P.S. Don't give the tenants money. That's a bad idea. --174.29.xxx.xxx




Evict? (by Kathy [OH]) Posted on: Apr 22, 2012 9:22 AM
Message:

Following through with the eviction process is the only legal way to get possession of your property. Don't rely on the tenant's word that they will be out on a certain date. Stay in control and use the court system to have your property returned to you. --76.189.xxx.xxx




Evict? (by Larry [MN]) Posted on: Apr 23, 2012 9:25 AM
Message:

Where are they moving on the 11th? If they are vague or tell you they "think" they can move in with a friend or family I would be very worried they won't actually leave. If their story is very concrete about where they are going and why May 11th, I would be less worried.

--71.193.xx.xxx





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